Saket Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79571 of 2024 Arising Out of PS. Case No.-72 Year-2021 Thana- MAHILA P.S. District- Samastipur ====================================================== Saket Singh Son of Mahendra Singh village- Hajpurwa, ChakmehsiPs, Samastipur ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Bhuneshwar Paswan son of Late Bihari Paswan village- Fulhata Panchayat Kalojer, Ps- Chakmehsi, dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binay Krishna, APP For the informant :

Mr. Mritunjay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner, informant and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376(3), 120B and 506 of the Indian Penal Code 1860 and Section 4 of the POCSO Act and Section 3(2)(v) of the SC / ST Act.

3 . As per the prosecution case , this petitioner committed rape upon minor girl aged about 14 years as a result of which victim became pregnant and after knowing the same , this petitioner got pregnancy aborted.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case . F.I.R., has

Patna High Court CR. MISC. No.79571 of 2024(3) dt.22-01-2025 2/3 been lodged after the delay of 10 months of the alleged occurrence and there is no plausible explanation for the same which itself creates doubt over the entire prosecution case . After investigation , police submitted final form stating that there was no evidence in support of the allegation against the petitioner. It is further submitted that during pendency of the case good sense developed between the parties and a joint compromise petition has been filed before the Court of learned ADJ 6th cum Special Judge (POCSO) Samastipur and in the same informant has categorically denied the case and stated that he had filed the case under the influence of some persons who were inimical to the petitioner. Petitioner claims clean antecedent.

5 . Learned counsel for the informant does not dispute the contention made on behalf of the petitioner.

6. Considering the aforesaid facts clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ 6th cum Special Judge (POCSO) Samastipur in connection with

Patna High Court CR. MISC. No.79571 of 2024(3) dt.22-01-2025 3/3 Samastipur Mahila P.S. case No. 72 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T